Good intentions don't protect you from getting it wrong.
Most landlords who break the law don't know they're doing it. They're not acting maliciously — they're frustrated, financially stressed, and trying to solve a problem. But in South Africa, the legal framework around rental property is specific, and actions that seem reasonable in the moment can expose a landlord to serious legal liability.
Here are five of the most common mistakes, why landlords make them, and what the law actually says.
1. Changing the Locks When a Tenant Stops Paying
Why landlords do it: It feels logical. The tenant isn't paying. It's your property. Surely you can decide who has access to it?
What the law says: In South Africa, you cannot. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act — the PIE Act — prohibits a landlord from evicting or effectively evicting a tenant without a court order. Changing the locks while a tenant's belongings are inside and they are still in occupation is considered an unlawful eviction, even if the tenant is months behind on rent.
A tenant who has been locked out without a court order can apply to court for urgent relief — and they are likely to get it. The court can order the landlord to restore access immediately and may impose costs. The landlord, despite being owed money, ends up in legal trouble while the tenant is reinstated in the property.
What to do instead: Follow the correct breach and eviction process. It takes longer than changing the locks, but it is the only path that actually works — and the only one that doesn't create additional legal exposure for you.
2. Cutting Off Water or Electricity to Force a Tenant Out
Why landlords do it: If the property becomes uninhabitable, the tenant will have to leave. Problem solved, without the cost and delay of legal proceedings.
What the law says: This is unlawful, and it carries real consequences. Deliberately cutting off essential services to force a tenant to vacate is considered constructive eviction — effectively forcing someone out without a court order — and falls foul of both the PIE Act and the Rental Housing Act.
Depending on the circumstances, a landlord who cuts off services could face an urgent court application, an order to restore services, a damages claim, and potential criminal liability. The tenant who was behind on rent is now the party with a legal complaint.
What to do instead: Utilities are dealt with as part of the breach and eviction process. If a tenant is not paying utilities, that is itself a breach of the lease and can be included in the breach notice.
3. Removing a Tenant's Belongings from the Property
Why landlords do it: If the tenant has clearly abandoned the property — or if the landlord wants to send a message — removing their possessions seems like a practical solution.
What the law says: A landlord has no right to remove, interfere with, or dispose of a tenant's personal belongings without a court order, even if the tenant appears to have vacated. "Appears to have vacated" is not the same as having legally vacated. Until the tenancy is formally ended and confirmed, the tenant retains rights to their property.
Removing belongings without authorisation exposes a landlord to a theft or conversion claim. Even if the tenant owes money, taking their property as informal compensation is not legally permitted.
What to do instead: If you believe a tenant has abandoned the property, get legal advice before taking any action. An attorney can advise on the correct process for confirming abandonment and lawfully recovering possession.
4. Refusing to Return the Deposit (or Deducting Without Justification)
Why landlords do it: The tenant caused damage, or left owing rent, and the landlord feels entitled to keep the deposit as compensation.
What the law says: The Rental Housing Act sets out specific rules for deposit handling. The deposit must be held in an interest-bearing account throughout the tenancy. At the end of the lease, the landlord has a defined window — typically 7 to 14 days after the outgoing inspection, depending on the circumstances — to return the deposit, less any legitimate, documented deductions.
Legitimate deductions must be supported by evidence: a signed ingoing inspection report, a signed outgoing inspection report, and invoices or quotes for any repair work. Deductions cannot be made for fair wear and tear — only for damage beyond what is reasonably expected during normal occupation.
A landlord who withholds a deposit without proper documentation, or who holds it beyond the prescribed period without justification, is in breach of the Act and can be taken to the Rental Housing Tribunal.
What to do instead: Conduct a thorough, documented ingoing inspection at the start of every tenancy. Photograph everything. Have the tenant sign the inspection report. Do the same at the end. This paper trail is your protection — and without it, you have very little basis for any deduction.
5. Verbally Cancelling a Lease and Demanding the Tenant Leave
Why landlords do it: The situation has become untenable. The landlord tells the tenant face-to-face — or over the phone — that the lease is cancelled and they need to be out by the end of the month.
What the law says: A verbal lease cancellation is not a valid lease cancellation under South African law. The correct process requires a written breach notice (20 business days under the CPA), followed by a formal written cancellation of the lease if the breach is not remedied. Only once the lease has been properly cancelled in writing does the eviction process have a legal foundation.
A landlord who skips this step and goes directly to an eviction application — or who relies on a verbal cancellation — may find the application dismissed on procedural grounds, requiring the entire process to start again from the beginning.
What to do instead: Get everything in writing, from the initial breach notice to the lease cancellation. Use a properly drafted breach notice that complies with the CPA requirements. If you're unsure, work through an agent or get legal advice before issuing anything.
The Pattern Behind All Five
Each of these mistakes shares a common root: the desire to solve a problem quickly, without going through what feels like a slow and expensive legal process.
The irony is that taking shortcuts almost always makes things slower and more expensive. A tenant who has been unlawfully locked out can delay a lawful eviction by months. A deposit dispute brought to the Rental Housing Tribunal takes time and attention away from everything else. A procedurally defective eviction application has to be started again from scratch.
The legal process for dealing with a non-paying or problematic tenant is frustrating. It's also the only path that actually leads to a resolution you can enforce.
Understanding what you cannot do is as important as knowing what you can. And having professional support — a reputable agency managing the property day-to-day, and a service like Xpello handling breach and eviction when needed — means you're far less likely to make an expensive mistake in a moment of frustration.